Eric Holder, Obama’s Attorney General, has filed suit against the State of Arizona to stop the implementation of immigration enforcement measures approved by more than 75% of the state’s population because the Obama Administration purportedly believes that the law might lead to an increase in “Racial Profiling” toward Hispanics. This simple-minded justification is, in fact, a lie, Obama desires unfettered control to implement his agenda and he is not the least bit concerned with racial profiling of Hispanics or anyone else. Despite the fact that the new law specifically, and very strongly, prohibits law enforcement personnel from stopping people on the basis of race alone, Barack Obama, following a private meeting with members of the Latino advocacy groups who financially supported his election. Barack Obama directed Eric Holder to file the suit. It can be considered compensation for favors granted; it can be considered payback for the Latino advocacy groups who worked hard to register the illegal alien voters who helped to put Obama in office, it can be considered many things, but it cannot be considered “Justice” by any stretch of the imagination. Neither the President of the United States nor the elected representatives sitting in the United States Congress are the least bit concerned with the fact that the vast majority of American people support Arizona’s attempt to defend their state against illegal aliens. They do not care that the American people have repeatedly spoken out against amnesty for illegal aliens, and they do not care to listen to the voices of any who are critical of the destiny they have chosen for the American people. The American people will comply with the demands of their government masters or they will suffer the consequences of their non-compliance.
Essentially, Eric Holder’s case against Arizona consists of the simple fact that the state of Arizona is reaffirming the federal government’s immigration law, and that Arizona’s re-affirmation of federal immigration law usurps the federal government’s exclusive authority over all matters related to immigration.
The hostile action initiated against the state of Arizona by Eric Holder at the demand of Barack Obama should be of great concern to all American citizens, especially the majority of American citizens who support Arizona’s right to defend their state against foreign and illegal invaders because the federal government’s lawsuit essentially claims that you, as an American citizen, support and approve of the hostile actions being taken against Arizona. This lawsuit is not about the constitutionality of Arizona’s law; it is about the Democratic Party’s agenda to maintain their control over the American people at any cost.
The 25 page complaint, which can be downloaded on the Internet for anyone interested in reading it, is entitled “The United States of America v. The State of Arizona” (Case 2:10-cv-01413-NVW Filed 07/06/10) and the basic premise of the case, as stated in the introduction is as follows:
“1. In this action, the United States seeks to declare invalid and preliminarily and permanently enjoin the enforcement of S.B. 1070, as amended and enacted by the State of Arizona, because S.B. 1070 is preempted by federal law and therefore violates the Supremacy Clause of the United States Constitution.”
“2. In our constitutional system, the federal government has preeminent authority to regulate immigration matters. This authority derives from the United States Constitution and numerous acts of Congress. The nation’s immigration laws reflect a careful and considered balance of national law enforcement, foreign relations, and humanitarian interests. Congress has assigned to the United States Department of Homeland Security, Department of Justice, and Department of State, along with other federal agencies, the task of enforcing and administering these immigration-related laws. In administering these laws, the federal agencies balance the complex – and often competing – objectives that animate federal immigration law and policy. Although states may exercise their police power in a manner that has an incidental or indirect effect on aliens, a state may not establish its own immigration policy or enforce state laws in a manner that interferes with the federal immigration laws. The Constitution and the federal immigration laws do not permit the development of a patchwork of state and local immigration policies throughout the country.”
For those that are less attuned to the translation of precise legal terminology as it is used in the state and federal courts across the United States of America, the two paragraphs introducing the federal government’s case against the state of Arizona essentially put forth the claim that the people of Arizona, as expressed by a majority of the state’s legal voting citizens, their desire to implement a new state law that would protect them from the economic damage and predatory criminal acts of the illegal aliens flooding into their state from Mexico by the millions; however, the federal government, at the direction of Barack Hussein Obama, has determined that the American citizens living in the state of Arizona, do not have the right to defend themselves against the criminal illegal aliens, despite the economic ruin those illegal aliens cause, and regardless of the murders, kidnappings, rapes, child molestations, assaults, robberies and other violent and non-violent crimes those illegal aliens commit against the law abiding citizens of Arizona. Furthermore, the Arizona citizen’s attempt to defend themselves against the havoc caused by illegal aliens, a state of chaos that is becoming so commonplace in the rest of the nation violates the Supremacy Clause of the United States Constitution and that SB 1070 is therefore preempted by federal law.
The Supremacy Clause is found in Article VI, Clause 2 of the United States Constitution.
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
The Supreme Court has ruled that the Supremacy Clause only comes into play when the federal Government has acted in a given field, however, in reaching this determination the court stipulated that a violation of the supremacy clause only occurs when one of the two following conditions is met. (Edgar v. Mite Corporation, 457 U.S. 624 (1982))
1. Compliance with both the Federal and State laws is impossible, or
2. The state law stands acts as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress
With respect to the 1st condition as stated above, it would be extremely difficult to establish that the implementation of SB 1070′s legal provisions made it impossible or even slightly difficult for federal immigration authorities to enforce the currently existing federal immigration laws because the legal provisions implemented as a result of SB 1070 serve to reinforce the currently existing federal immigration laws by making a violation of those currently existing federal laws a violation of the Arizona state laws as well.
Under Title 8 Section 1325 of the U.S. Code, “Improper Entry by Alien,” any citizen of any country other than the United States who enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or eludes examination or inspection by immigration officers; or attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact; has committed a federal crime.
The federal Immigration and Nationality Act, INA 274A(a)(1)(A) and Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) provide that the federal government considers it a felony crime to transport, shelter, assist or encourage an illegal alien seeking employment in the United States and that illegal aliens and employers of illegal aliens are subject to arrest, detention, and seizure of their vehicles or property. Furthermore, these same federal laws contain provisions stating that it is a felony for a person to intentionally engage in the smuggling of illegal aliens into the U.S. for profit or commercial purpose when the person doing so knows or has reason to know that the person or persons being transported are not United States citizens, permanent resident aliens or individuals who have the prior legal authorization of the federal government to enter this country.
SB 1070 does not contain any provisions that are contrary to the Federal Immigration and Nationality Act, to INA 274A(a)(1)(A), or to Section 8 USC 1324(a)(1)(A)(iv)(b)(iii). SB 1070 requires that all Arizona State, County, City and Town law enforcement personnel fully cooperate with the federal government’s enforcement of this nation’s immigration laws, furthermore, it provides that no official or agency of the State, County, City, Town or other political subdivision may adopt any policy that restricts or limits the enforcement of federal immigration laws to less than the full extent permitted by federal law. This provision of SB 1070 is identical to section 834b of the California Penal Code, which states, “Every law enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws.”
With respect to the 2nd condition; the complaint filed states, “The Constitution affords the federal government the power to “establish an uniform Rule of Naturalization.” This is a fact that I will not dispute inasmuch as Article I of the U.S. Constitution specifically states ” “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Furthermore, § 8, cl. 4 of Article I states that among the many powers of the U.S. Congress is the authority, “To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States.” In order to meet this condition the federal government will have to demonstrate how the Arizona law acts as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress, and to do that the attorneys for the federal government will have to explain how reinforcing the currently existing federal immigration laws acts as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. In simpler terms they will be forced to explain the federal government’s agenda behind not enforcing the current immigration laws and demonstrate how their failure to enforce the current immigration laws is consistent with the constitutional foundation stated in the preamble to that document.
“WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity”
Personally, I believe that the federal government is going to have a tough time creating any credible argument in this regard. The United States General Accounting Office and other agencies of the federal government have released numerous reports to the United States Congress establishing beyond reasonable doubt that illegal aliens have had a disproportionate impact on the cost of American health care; that the increase in identity theft is directly proportionate to the increase in illegal aliens, that a disproportionate percentage of illegal aliens repeatedly commit violent sex crimes against women and children and that the majority of fraudulent claims for welfare benefits, social security and other federal and state subsidized entitlement programs are made by illegal aliens. Furthermore, the federal government will be forced to explain how anywhere between 10 and 40 million illegal alien criminals (85% of whom are from Mexico) does not constitute an invasion under the terms of ARTICLE IV § 4, and why neither the legislative nor the executive branch of the federal government has fulfilled their sworn obligation to uphold the law of the land and repel these foreign invaders.
It is hard to imagine how the federal government can pursue this case without making it entirely obvious that they have allowed up to 40 million foreign invaders, including many violent predators and child molesters to enter this country illegally for the benefit of the Democratic Party alone; they have overlooked the economic hardship these criminal invaders have caused to the individual states; they have disregarded the multitude of American citizens murdered, raped and traumatized by illegal alien predators along with the well substantiated statistical fact that nearly 5,000 American citizens are killed by illegal aliens every year and they have done this simply because they want to remain in power regardless of the cost and human suffering we experience. Essentially, the Democratic administration and legislature currently controlling the decision making process in Washington D.C. are more than happy to put the lives of American citizens in a position of great danger on the off-chance that the fear that is thereby generated among the general populace will overwhelm the American people’s desire to reduce the growth of government interference in our daily lives. A population that lives in constant fear is a population that demands greater protection, and our government is all too happy to provide that protection if we comply with their demands. The current Democrat administration and the Democrat controlled legislature are well aware of the substantial evidence that Middle Eastern terrorists are entering the United States across our southern border with Mexico. Some of these terrorists have been captured by the Border Patrol and in other cases Border Patrol agents have found significant evidence discarded by those who have successfully entered the country and disappeared into the general population. Reports published as a result of congressional investigations indicate that Middle Eastern religious fanatics and jihadists have established cells in major metropolitan cities around the nation, however, there is no way to stop these crazed fanatics from crossing our southern border with Mexico without adversely affecting the steady influx of illegal aliens from Mexico, Central and South America; illegal aliens who the entire Democratic Party is absolutely assured will cast fraudulent ballots for Democratic politicians thereby ensuring the Democrats the ability to continue their reign of power. The continued control of the federal government is the number one priority of the Democratic Party and they are willing to sacrifice national security, American lives, and the peace and tranquility of the United States of America to achieve their goal.
If these statements leave you with your mouth gaping open in astonished disbelief you are free to check the facts for yourself by researching the federal government’s own published reports at the sites listed below:
The Federation of American Scientists Index of Congressional Research Service Publications
The U.S. Department of State Index of Congressional Research Service Reports (CRS) and Issue Briefs
OpenCRS – Congressional Research Reports for the People
U.S. Government Accountability Office index of reports, audits, surveys, investigations, and evaluations of Federal programs
Personally, I would be disappointed in the intelligence of anyone who would read the postings on this site and accepted my word without skepticism. I am not in the business of recruiting a naive flock of followers, my goal is to open your eyes by shining the light of truth on the strategies and techniques of the self-serving political toads in the Democratic and the Republican Party who are dedicated to further undermining the liberty, freedom and prosperity of the United States of America. I represent nothing but the search for truth and I am not interested in the accumulation of followers. If you are looking for leadership you are in the wrong place, if you are looking for movement try Metamucil.
Whether or not the damage that has already been done can be reversed, I cannot say. We are headed into a dark future filled with tyranny and there may be no way to stop the transformation, especially in light of the fact that so few are aware of anything beyond the useless information, lies and propaganda they read in the papers or see on the nightly news. It may already be too late, the American people have lost their authority over the their form of government and we are not likely to reverse that loss.
Despite the fate of our failing Republic, it is not too late for individuals to learn and appreciate the concept of liberty and freedom that once brought this nation together and it is not to late to pass that appreciation on to future generations.
Liberty is the natural state of all mankind, it is not derived from government, each of us, as individuals enter this life with the desire to live free of governmental restraint, to work out our own fate and set our destiny as we will. Tyrants and despots will rise and fall but the essential nature of man will never be extinguished. Because Liberty is the natural state of all mankind, tyrants and despots will always be plagued by those who would resist. This is more than fact; it is a fundamental law of nature; it is as binding as gravity and the passing of seasons. From the seed of liberty springs freedom’s hope.
freedom, liberty, SB 1070, illegal aliens, amnesty, Barack Obama, Eric Holder, Republican Party, Democratic Party, Supreme Court, Border Patrol, Arizona
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